Suit on pronote obtained under the guise of bank loan application with consideration

surendrababu (Querist) 29 February 2012 This query is : Resolved
A and B are friends. While A was trying to raise Loan from Bank,. B told A that he knows a Bank Manager and he will assist A. One day B brought bunch of papers said to be the Bank Loan Application and obtained signature of A. B Signed as Witness and A’s wife also signed as witness. One day A received to his surprise a regd notice to pay the debt amount under pro note and later filed suit by B against A and A’s Wife as defendants. A is claiming that he was under going treatment for insanity or for his unsound mind from psychiatrist What is the remedy for A and his wife in case.

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V R SHROFF (Expert) 29 February 2012

Defend the case.

Call Bank official with all Papers signed by A to court as Witness, and Appoint Handwriting Expert to prove:

The Quality of Ink, and age of writing is same in same style, and Pro note was obtained fraudulently, along with Bank Loan Papers.

That A never raised debt from B, and that nothing was paid by B to A.

Get True copies of all the Documents relied upon by B in court, and lodge Police Complaint on that basis for breach of trust.

Raj Kumar Makkad (Expert) 29 February 2012
A should separately lodge a FIR of fraud against B who has misused his position as of a friend and fradulantly got signature over pronote under the grab of abnk loan papers, I think there may not have been issued any bank loan.